Georgia is potentially on the brink of a major transformation in how condominium and homeowners associations are governed. The Georgia Legislative Session 2026 is scheduled to begin on January 12, 2026. The proposed Georgia HOA Accountability and Community Empowerment Act (HB62) could bring sweeping changes that will impact board members and residents. With a focus on transparency, fairness, and resident involvement, these changes are designed to modernize how communities are managed and could possibly create new board responsibilities and tools to help communities thrive.
This article is for general informational purposes only and is not intended to constitute and should not be relied upon as legal advice. Board members and owners should consult their own attorneys to understand how the proposed changes to Georgia law may impact their specific circumstances.
FirstService Residential works closely with industry stakeholders to educate policymakers and shape legislation that could significantly impact the communities in our care – and all associations throughout Georgia. Here’s what you need to know to keep your community ahead of the curve.
Why this matters for board members
Serving on a community association board is a big responsibility. Board members make decisions that affect their neighbors, property values, and the overall well-being of their communities. The new legislation aims to make these roles clearer, more transparent, and more accountable so that board members will have a better framework for making decisions and resolving disputes.
What’s new in the proposed law?
• Board member requirements: Under HB62, board members must be residents of the community. This means only those who live in the association can serve, ensuring that board decisions are made by people who are directly invested in the community’s success. There will also be new rules about the minimum and maximum number of board members, and requirements for board member certification and official filings.
• Voting and representation: The bill clarifies how votes are allocated among unit or lot owners, standardizes the use of proxies, and updates quorum requirements. These changes are designed to make voting fairer and more straightforward, so every owner’s voice counts.
• Board elections: Annual elections will be required, with formal procedures for contesting results if there are disputes. Associations must keep electronic records of ballots and file election results with the state. This ensures transparency and gives owners confidence in the election process.
• Accountability and transparency: Associations will face new reporting obligations and annual registration requirements. Owners will have clearer rights to challenge board actions, and the state will have the authority to investigate complaints and enforce compliance. These measures are intended to prevent boards from operating without oversight and to protect the interests of all residents.
Estoppel fee caps: What boards need to know
Georgia’s proposed HB512 introduces a cap on the fees that can be charged for preparing and issuing estoppel certificates – statements of account provided during property sales or refinancing. If this legislation passes, it will change the way estoppels are paid. Instead of applying the charge for this required service to the owner requesting it, the fee will be charged to the association, and all owners will bear the cost.
For board members, this means your association will need to budget for these capped costs. Under the bill, the maximum fee for a standard estoppel certificate is set at $250, with an additional $50 allowed for expedited requests. We advocate against homeowners being billed for services they neither require nor use and encourage you to take a proactive stance to ensure this bill does not become law.
How FirstService Residential supports your community
Navigating new laws can be overwhelming, especially for volunteer board members. At FirstService Residential, we make it our priority to stay informed about legislative changes that affect our communities. In markets like Florida, widely considered a bellwether state for HOA and condo regulations, lawmakers enacted significant legislative changes in response to the collapse of the Champlain Towers in Surfside. This wave of reform has inspired similar conversations and legislative efforts in states like Georgia.
As legislative landscapes continue to evolve across the country, it’s more important than ever for associations to have a trusted partner who can help them adapt with confidence. Our team tracks new regulations, interprets what they mean for your association, and provides guidance to help you stay compliant – so you can focus on what matters most: your community.
We also work with industry partners to advocate for laws that support healthy, well-managed associations. Events like CAI-Georgia’s Legislative State Capitol Day (rescheduled for Feb 26, from 8:00-9:00 a.m.), play an important role in shaping the future of community association governance. By staying engaged in the legislative process, we help ensure that the voices of our communities are heard and that new laws are practical and beneficial.
Looking ahead
If HB62 becomes law, it will mark one of the most significant updates to Georgia’s community association regulations in decades. Board members should be prepared for new requirements but also for greater clarity and support in their roles. With FirstService Residential as your partner, you can be confident that your association will be ready for whatever changes come next.
If your board is looking for guidance on new legislation in Georgia, contact FirstService Residential today. Our local expertise and national resources can help your community support its efforts to stay compliant.